The Advocate General of the Court of Justice of the European Union (EU) advised the European Court that Nestlé’s attempts to trademark the Kit Kat’s distinctive four-fingered shape does not comply with EU law. This opinion is likely to effectively end Nestlé’s attempts to trademark the shape of the candy as European Court judges usually follow the opinions of advocate generals.
By Breanna Pendilton | amdlawgroup.com
It is important as a designer that you protect the image and reputation of your brand. In other words, you want the product that is hanging in the stores to be the product that you produced in the factory; nothing less and nothing more. This seems to be a common problem with “off the rack” designers. Even though you can no longer monitor the day to day whereabouts of your designs after it leaves your supervision, you still have rights which may help protect your brand in the future.
As a fan of the great John Wayne you should be aware that he was referred as “Duke,” “Duke Morrison,” “Duke Wayne,” “Duke and The Duke” — a nickname that derived from his boyhood dog named Duke. John Wayne Enterprises, a Newport Beach Corporation filed a trademark application back in 2013 for the marks “Duke” and “Duke John Wayne” for alcoholic beverages excluding beers.
Taylor Alison Swift, world renowned country music and pop sensation, is no stranger to the world of intellectual property. In recent years she has been sued for Trademark Infringement of Her Brand Lucky 13, she has created, and obtained, copyrights in chart topping albums, and pulled her music off media streaming giant Spotify. Taylor is at it again. She has recently filed for trademark rights of her works “This Sick Beat”, “Party Like It’s 1989”, amongst others. Taylor has not been granted any of these trademarks, as of yet, by the United States Patent and Trademark Office.
Whether a company is small or large, licensing can be beneficial in a multitude of ways. Not only can licensing bring about an increase of revenue, but also can expand a company’s outreach and establish a permanent, recognizable brand. Establishing a brand name is a valuable marketing strategy that distinguishes a company from the rest of its competitors.
The fashion brand, Ralph Lauren, well-known for its “Polo Player” logo recently won a trademark battle against FreshSide. Back In late 2009, FreshSide Ltd. applied to register a trademark with OHIM, the EU body responsible for Community Trademark registrations. FreshSide, which does business as “Chuck” applied to register a mark consisting of a polo player on a bicycle.
Besides unifying labeling practices across European member states, the Cosmetics Regulation also positively affects the integrity of beauty marketing and advertising, including the usage of “texts, names, trademarks, pictures and figurative or other signs” linked to the products. Such labels and representations of the product must meet the requirements of “legal compliance, truthfulness, support, honesty, fairness and informed decision making”.
By Ozelle Martin | amdlawgroup.com
There is a well-known professional football team in the National Football League (NFL) called the Washington Redskins and their logo features a Native American man wearing a feathered headdress. While the franchise has been in existence for over 80 years, there has been much debate surrounding the connotation of the term “redskins.” Moreover, a quick search of the Oxford dictionary defines the term as “an American Indian” with a note that the term is deemed “offensive.” Consequently, the Washington Redskins franchise has found itself in the midst of many fiery discussions as to whether the franchise should be allowed to legally own and utilize the name.
In trademark law, the tacking doctrine allows an existing trademark owner to modify its mark without abandoning ownership of the original trademark. The key to allowing the modification without abandonment or loss of priority is continuity. In other words, the mark must retain a common element that symbolizes a continuing commercial impression.
Originally posted 2013-03-15 15:36:38. By Tasha Schmidt | amdlawgroup.com Fans and people at the South by Southwest Conference have been lined up for hours to see the recent feline internet sensation, Grumpy Cat. Grumpy Cat’s real name is Tardar Sauce. However, her “cat celebrity name” if you will is Grumpy Cat, and this is exactly […]
Muti Time Machine Inc, v. Amazon.com deals with the question of whether Amazon’s search results violate trademark law. Multi Time Machine sued Amazon for copyright infringement. For those of us who are familiar with Amazon, we have probably found ourselves searching for something on Amazon, adding it to our shopping bag, and then proceeding to find another ten items we would also like to buy. There is no doubt that Amazon benefits customers in the way that it offers complementary and competitive products. On the other hand this does not make many trademark owners happy as they may loose the purchase to a competitor
A business owner in Elkorn, Nebraska recently won a trademark battle against Limited Brands giant Victoria’s Secret. Beka Doolittle, owner of the online business “The Pink Store” has been going up against Victoria’s Secret this past year over use of the word “pink”. One of the notable brands of Victoria’s Secret is it’s Pink line that caters to young women. Ms. Doolittle’s online business carries items for all ages and items for the home, all themed as (you guessed it) pink. After Victoria’s Secret submitted a petition to cancel her mark on the United State Patent and Trademark Office (USPTO) , Ms. Doolittle enlisted help in order to fight back, and it paid off. Victoria’s Secret finally backed off and cancelled their petition, but with no clear reason.
By Ozelle Martin | amdlawgroup.com
Lately, there seems to be a sudden burst in the number of print t-shirt lines that bear designs that are strikingly similar to those of well-known luxury brands such as Chanel, Gucci, Louis Vuitton, and Givenchy. Undoubtedly, these print t-shirt creators have ventured such a path, in an effort to appeal to the audiences of these very brands to whom they have become parasitic. With ammunition, in the form of potent legal departments, in tow- many of these brands are shooting off cease and desist letters like paintballs. Very often, their claim is that the printed t-shirt creators are infringing upon their marks. In response, the printed t-shirt creators raise their shields and assert that their inspired designs are mere parodies, a defense borrowed from copyright law’s fair use doctrine.
Originally posted 2013-03-07 17:10:31. By Tasha Schmidt | amdlawgroup.com If you were thinking about having an Oscar themed party and furnishing it with replicas of the iconic gold Oscar statues, you should probably think twice. The Academy of the Motion Picture Arts and Science has a reputation for defending their copyrights and trademarks. And this […]
Instances like these wonderfully illustrate how clear the law is on trademarks and how much protection they offer. In the event a name is trademarked by a family business, even if you belong to that family, you still need to ask permission before using your own name.